National
Report finds limited difficulty in lifting ‘Don’t Ask’
Gates urges Congress to repeal ban by year’s end
Defense Secretary Robert Gates has renewed his call for Congress to repeal "Don't Ask, Don't Tell" by the year's end. (Blade photo by Michael Key)
The Pentagon on Tuesday released its long-awaited “Don’t Ask, Don’t Tell” report — which found open service can be implemented in the armed forces with limited disruption to the military — as Defense Secretary Robert Gates renewed his call for Congress to repeal the gay ban by the year’s end.
“Now that we have completed this review, I strongly urge the Senate to pass this legislation and send it to the president for his signature before the end of this year,” Gates said during a news conference.
Gates continued that legislative repeal of “Don’t Ask, Don’t Tell” is a “matter of some urgency” because of pending litigation that could strike down the statute.
“It is only a matter of time before the federal courts are drawn once more into the fray with the very real possibility that this change would be imposed immediately by judicial fiat — by far the most disruptive and damaging scenario I can imagine,” Gates said.
Still, the defense secretary also said the military would need some time to prepare for open service even after Congress repeals the statute. Gates noted that pending legislation before Congress would end “Don’t Ask, Don’t Tell” only after he, the president and the chairman of the Joint Chiefs of Staff certify that the U.S. military is ready for repeal.
“I believe it would be unwise to push ahead with full implementation of repeal before more can be done to prepare the force — in particular, those ground combat specialties and units for what could be a disruptive and disorientating change,” Gates said.
Gates said he doesn’t know how long it would take for the U.S. military to make the changes necessary before he can certify that open service can happen in the military. Still, Gates said if Congress enacts repeal, President Obama would be “watching very closely that we don’t dawdle or try to slow-ball this.”
“I think his expectation would be that we prepare as quickly as we properly and comprehensively could, and then we’d be in a position to move toward certification,” Gates said. “But how long it would take, I don’t know.”
For the first time, Gates also expressed his personal opposition to “Don’t Ask, Don’t Tell” because the law comprises the integrity of gay service members.
“One of the things that is most important to me is personal integrity,” Gates said. “A policy or a law that in effect requires people to lie gives me a problem.”
Majority of troops don’t care about gays in military
The defense secretary made his remarks as part of his endorsement of the Pentagon report, which found little potential disruption in lifting the military’s gay ban should Congress repeal “Don’t Ask, Don’t Tell.”
Gates said the findings of the report “reflect nearly ten months of research and analysis along several lines of study” and “represent the most thorough and objective review ever of this difficult policy issue and its impact on the American military.”
Chairman of the Joint Chiefs Adm. Mike Mullen, who also took part in the news conference, said he also fully backs the report. Mullen has already testified before the Senate that supports open service in the U.S. military.
“For the first time, the chiefs and I have more than just anecdotal evidence and hearsay to inform the advice we give our civilian leaders,” Mullen said.
In the executive summary for the 256-page report, the “Don’t Ask, Don’t Tell” working group co-chairs Jeh Johnson, the Pentagon’s general counsel, and Army Gen. Carter Ham, commander of U.S. Army Europe, write that based on their findings, the risk of repeal “to overall military effectiveness is low.”
“We conclude that, while a repeal of Don’t Ask, Don’t Tell will likely, in the short term, bring about some limited and isolated disruption to unit cohesion and retention, we do not believe this disruption will be widespread or long-lasting, and can be adequately addressed by the recommendations we offer below,” Johnson and Ham write.
The report includes the results of a survey sent to 400,000 service members over the summer to solicit their views of gays serving openly in the military. According to the report, more than 115,000 of the surveys, or about 28 percent, were returned.
As earlier reported in November by the Washington Post, 70 percent of service members said alongside an openly gay person would have positive, mixed or no effect on their unit’s ability to get the job done.
The survey also found that 69 percent of respondents believe they have served alongside someone they believed to be gay. Of these respondents, 92 percent said their unit’s ability to work together was either very good, good or neither good nor poor.
Still, the survey found a significant minority who predicted negative consequences as a result of repeal — most notably in the Marine Corps.
While 30 percent of survey respondents overall had negative views on open service, around 40 to 60 percent of respondents in the Marine Corps and others in various combat arms specialties expressed concerns about serving alongside openly gay people.
During the briefing, Gates said this discontent with repeal among these groups has made the service chiefs of the Army, Air Force, Navy and Marine Corps “less sanguine” about the prospects on open service. Each of these service chiefs were set to testify on Friday before the Senate on the views on the report.
Still, Gates said the views on the combat troops on implementing open service “do not present an insurmountable barrier” to repeal of “Don’t Ask, Don’t Tell.”
“However, these findings do lead me to conclude that an abundance of care and preparation is required if we are to avoid a disruptive and potentially dangerous impact on the performance of those serving at the tip of the spear in America’s wars,” Gates said.
Implementing open service
Accompanying the larger report is an 87-page support plan to guide implementation of open service in the U.S. military. The guide emphasizes that the key implementation message for successful repeal is “leadership-professionalism-respect.”
For leadership, the guide states that leaders in the chain of command must set the example for open service. For professionalism, the guide advises leaders to remind service members of their obligations and oath to defend the U.S. Constitution. For respect, the guide states that unit strength derives from treating other service members with respect.
The report also notably states the building separate rooming quarters for gay and straight service members won’t be appropriate for implementing open service.
“Building separate facilities would create divisions within units and inappropriately isolate a portion of the force,” the support plan states.
In March, former Marine Corps Commandant Gen. James Conway has raised the idea of separate quarters when he said they might be necessary in his service as a result of open service. The Marine Corps is unique among other services because Marines bunk together on base in the same room.
Despite the recommendation against building separate quarters, Johnson said during the Tuesday news conference that commanding officers may be able to make different housing arrangements from service members as result of open service in some circumstances.
“We’re noting that commanders should retain the discretion on an individualized case-by-case basis to address concerns, particular concerns about privacy,” Johnson said. “And this is discretion they have right now. If a service member has a particular concern about an issue with privacy or can’t get along with someone with whom he’s been assigned a room, a commander has discretion to deal with that.”
The guide also makes recommendations for partner benefits for gays serving in the military. Ham said if “Don’t Ask, Don’t Tell” is repealed, the U.S. military would only to continue to observe federally recognized marriages, which would be in accordance with the Defense of Marriage Act.
Still, Ham said a repeal of “Don’t Ask, Don’t Tell” would mean the same-sex partners of service members would be entitled to hospital visitation rights and death benefits.
“With regard to the hospital visits and death gratuities and the like, if the law is repealed, then we believe that are a number of benefits to which servicemembers are entitled that are servicemember-designated,” Ham said. “And we believe that the examples that you offer would likely fall into that category.”
Federal Government
HHS reverses Trump-era anti-LGBTQ rule
Section 1557 of the Affordable Care Act now protects LGBTQ people
The U.S. Department of Health and Human Services Office for Civil Rights has issued a final rule on Friday under Section 1557 of the Affordable Care Act advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities.
The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.
“This rule ensures that people nationwide can access health care free from discrimination,” said HHS Secretary Xavier Becerra. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.”
The new rule restores and clarifies important regulatory protections for LGBTQ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.
“Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law,” said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.
“The Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,” Gonzalez-Pagan added. “The rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community — especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities — to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.”
In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administration’s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency, and dramatically reduced the number of healthcare entities and health plans subject to the rule.
Lambda Legal, along with a broad coalition of LGBTQ advocacy groups, filed a lawsuit challenging the Trump administration rule, Whitman-Walker Clinic v. HHS, and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.
These included the elimination of regulatory protections for LGBTQ people and the unlawful expansion of religious exemptions, which the new rule corrects. The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place. Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.
GLAAD President Sarah Kate Ellis released the following statement in response to the news:
“The Biden administration’s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Today’s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administration last Friday released final regulations
BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity.
The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S.
As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.
Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally.
Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.
In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity.
She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.
Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”
Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.”
Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”
State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.
The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”
The rule is slated to go into effect Aug. 1, pending any legal challenges.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.”
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
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